Calcutta High Court (Appellete Side)
An Application Under Section 407 Read ... vs Unknown on 6 August, 2014
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 74
06. 08.2014 m.b C.R.R. 2652 of 2011 In the matter of: An application under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973.
In re: Smt. Namita Maity .......petitioner
Mr. Pratim Priya Das Gupta
...for the petitioner
Mr. Tapan Dutta Gupta
...for the opposite party nos. 2 to 7
The petitioner prays for transfer of the proceeding in Bhupatinagar P. S. Case No. 37/2010 dated 15.04.2010 under Sections 323/325/307/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act from the court of the Learned Additional Chief Judicial Magistrate, Contai, Purba Medinipore to the Court of the learned Chief Judicial Magistrate, Barasat, 24-Parganas (N). It has been alleged in the complaint lodged by the petitioner that she was married to opposite party no. 2 and on demand of Rs.10,000/- she was physically assaulted by the opposite party no. 2 with the aid of opposite party nos. 3 and 4; it has also been alleged that attempt was made to pour poison in her mouth and to strangulate her; it is further alleged that opposite party nos. 6 and 7 committed rape upon the mother of the petitioner earlier; it has been further alleged that the opposite parties had illegally trafficked three other sisters of the petitioner; being unable to bear the torture, the petitioner ran away from the matrimonial home. Pursuant to such complaint, Bhupatinagar P.S. Case No. 37 /2010 dated 15.04.2010 under 2 Sections 323/325/307/37 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act was registered. Upon conclusion of investigation, charge sheet was filed under Sections 498A/323/325/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. It is pleaded in the petition that the petitioner is regularly receiving threats from the opposite parties, who are powerful and influential persons, to withdraw the case and in spite of repeated information to the Police Authorities, no steps have been taken.
Learned counsel for the petitioner submits that petitioner is unable to pursue the criminal case due to the reign of torture unleased upon her by the opposite party nos. 2 to 7 herein. Learned counsel for the petitioner submits that in order to ensure her own safety, the petitioner is presently residing at her paternal house at Sodepur, 24-Parganas (N). Accordingly, it is submitted that proceeding be shifted to the Court of the Learned Chief Judicial Magistrate, Barasat.
Mr. Dutta Gupta, learned counsel appearing for the opposite party nos. 2 to 7 opposes the prayer and strongly disputes the allegations raised by the petitioner against the opposite parties. He assures the court that there is no interference in the administration of justice in the instant case at the behest of the opposite party nos. 2 to 7 herein. It is further submitted that no case for transfer has been made out and transfer, if any, would be prejudicial to the interest of the opposite party nos. 2 to 7 herein.
I have considered the rival contentions of the parties. Access to justice cannot be denied to any person far less to a victim of crime. Apprehension has been ventilated in the petition that due to threats held out by the opposite party nos. 2 to 7, the petitioner is unable to pursue the criminal case registered at her behest.
3I am not going into the truthfulness of such allegations. However, such apprehension in the mind of the petitioner is sufficient to ensure proper safeguards as to her life and property so that she feels secured in prosecuting her case. However, from the charge sheet I find that a large number of witnesses in this case reside in and around Bhupatinagar, Contai, Purba Medinipore. Accordingly, I am of the opinion it will not be proper to transfer the criminal case from Bhupatinagar to Barasat as prayed for by the petitioner. However, appropriate safeguards must be provided to protect the life and property of the petitioner and other witnesses so that she is in a position to prosecute the case at Bhupatinagar. Accordingly, I dispose of the revisional application giving liberty to the petitioner to approach the learned Magistrate over allegations of threat held out by the opposite party no. 2 to 7 herein and pray for police protection to herself and her witnesses so as to enable her to depose without fear and prosecute the instant case. In the event, the petitioner and other witnesses make such prayer before the trial court, the latter upon satisfaction as to the genuineness of such claim would be at liberty to give appropriate directions to the Police authorities for ensuring the safety of life and property of the petitioner and other witnesses during the criminal trial and ensure their effective participation in the trial.
With the aforesaid directions, the revisional application is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all necessary formalities.
(Joymalya Bagchi, J.)